Legal

Application Terms of Use

Last Updated: January 14, 2019.

TEAM Software, Inc. (“TEAM,” “we,” or “our”) operates several websites and applications on the Internet. These Application Terms of Use (the “Application Terms of Use”) apply to our branded web and mobile applications (the “Applications”) and their contents (the “App Materials”). Our Website Terms of Use, available at www.teamsoftware.com/legal, apply to our public-facing websites. These Application Terms of Use apply to users that have agreed to an End User License Agreement (“EULA”) pursuant to other agreements or service plans to which those users (or their employers) are a party (each such agreement, a “Team Application Agreement”). By accessing and using the Applications, our Application users (“you”) agree to these Application Terms of Use.

1. Acceptable Use

You may use the Applications only as provided in the applicable EULA and Team Application Agreement. In order to install and use the Applications, you may be required to have a compatible a GPS-enabled smart phone or tablet device that functions on Apple or Android operating systems (a “Mobile Device”), internet access, and other necessary minimum specifications as required by TEAM. You may be required to obtain software updates from time to time as may be necessary for the continued use of the New Services. Individual features offered by the Applications, such as geotracking, are not guaranteed by TEAM to be uninterrupted or error free. It is your responsibility to ensure that you have correctly configured the Mobile Device. You also acknowledge the use of certain features on Mobile Devices may be subject to users’ or their employers’ terms of agreements with their respective mobile network provider (“Mobile Provider”). As a result, users may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the New Services, or any such third party charges as may arise. You accept responsibility for any such charges that arise under this clause.

2. User Contributions

Any communication or material you transmit to TEAM via the Applications, including any data, questions, comments, or suggestions, is and will be treated as non-confidential and non-proprietary. You authorize TEAM and its affiliates, successors, and assigns to distribute, modify, reproduce, sell, offer to sell, transmit, prepare derivative works of, or otherwise use any communication or material that you transmit to TEAM via the Applications without condition or limitation. In addition, you authorize TEAM and its affiliates, successors, and assigns to use, for any purpose whatsoever, any ideas, concepts, know-how, or techniques contained or reflected in or otherwise resulting from any communication or material you transmit to TEAM via the Applications. You represent and warrant that you have the right to transmit or post any such communication or material that you transmit or post and to agree to these Application Terms of Use with respect to such communication or material.

3. Consents

In addition to the terms set forth in the applicable EULA and TEAM Agreement, TEAM requires that each user’s employer obtain all necessary consents from its employee users in relation to any gathering and use of information, including any Personal Information (as defined in TEAM’s Privacy Policy) that those employees may add and share through the Applications.

4. No Warranty

THE APPLICATIONS AND ALL APP MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. NEITHER TEAM NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, DELIVERING, OR UPDATING THE APPLICATIONS (EACH AN “APP PROVIDER”) MAKES ANY REPRESENTATION OR WARRANTY CONCERNING THE APPLICATIONS, THE APP MATERIALS, OR YOUR USE OF THE APPLICATIONS OR ANY APP MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEAM DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ANY AND ALL OTHER APP PROVIDERS, ANY AND ALL IMPLIED WARRANTIES THAT MIGHT OTHERWISE ARISE OR APPLY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, OR QUIET ENJOYMENT. ALTHOUGH TEAM’S OBJECTIVE IS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION ON THE APPLICATIONS, NEITHER TEAM NOR ANY OTHER APP PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ACCURACY, AND NEITHER TEAM NOR ANOTHER APP PROVIDER WILL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERROR OR OMISSION IN ANY APP MATERIALS. IN ADDITION, THE USE OF ANTIVIRUS AND OTHER SECURITY SOFTWARE IS YOUR RESPONSIBILITY, AND NEITHER TEAM NOR ANY OTHER APP PROVIDER WILL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY VIRUS, WORM, OR OTHER MALICIOUS, INTRUSIVE, OR OTHERWISE HARMFUL CODE THAT MAY BE INTRODUCED INTO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE APPLICATIONS OR ANY APP MATERIALS.

5. No Liability

NEITHER TEAM NOR ANY OTHER APP PROVIDER WILL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR OTHERWISE RELATING TO THE APPLICATIONS, THE APP MATERIALS, OR YOUR USE OF THE APPLICATIONS OR THE APP MATERIALS. IN NO EVENT WILL TEAM OR ANY OTHER APP PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS EXCLUSION OF SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES IS INDEPENDENT OF ANY OTHER LIMITATION OF REMEDY.

6. Third Party Applications and Postings

The Applications may contain links to other web sites or frames that contain pages, or portions of pages, of other web sites (“Other App Materials”). TEAM has not necessarily reviewed such Other App Materials and will not be responsible or liable to you or any other person or entity for any such Other App Materials or their content or use. Any use by you of such Other App Materials is at your own risk. Although TEAM may, from time to time, monitor or review postings, transmissions, uploads, etc. (collectively, “Postings”), if any, on the Applications, TEAM is under no obligation to do so and assumes no responsibility or liability arising from any Posting, its content, or any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information in any Posting. You are prohibited from posting, transmitting, uploading, or otherwise causing to be placed on the Applications any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or proprietary right of any third party. You understand and acknowledge that you are responsible for any Postings you submit or contribute, and you, not TEAM, have full responsibility for such content including its legality, reliability, accuracy, and appropriateness. TEAM will fully cooperate with any law enforcement authorities or court order requesting or directing TEAM to disclose the identity of anyone posting any such information or materials. TEAM may disable all or any social media features and any links at any time without notice in its sole discretion.

7. Changes To the Terms of Use

TEAM may, at any time, revise or update these Application Terms of Use, with or without notice, by updating this posting. The current Application Terms of Use can be found by clicking the hypertext link for Terms of Use on the Applications. All changes to these Application Terms of Use are effective immediately when we post them and apply to all access of the Applications thereafter. Your continued use of the Applications following the posting of revised Application Terms of Use will constitute your acceptance of the changes. As such, it is your responsibility to monitor the Application Terms of Use so you are aware of any changes.

8. Information We Collect

All information we collect on the Applications is subject to our Privacy Policy, which is available at www.teamsoftware.com/legal. By using the Applications, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

9. Intended Users

The Applications are offered and available to users who are 13 years of age or older. By using the Applications, you represent and warrant that you are of legal age to form a binding contract with TEAM and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Applications. TEAM is based in the state of Nebraska in the United States. TEAM make no claims that the Applications or any of the App Materials are accessible or appropriate outside of the United States. Access to the Applications may not be legal by certain persons or in certain countries. If you access the Applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

10. Miscellaneous Terms

These Application Terms of Use shall be governed by and construed in accordance with the laws of the State of Nebraska in the United States of America, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act. The parties agree that the exclusive jurisdiction and venue of any dispute amongst the parties shall be entered in the state or federal courts within the State of Nebraska, and each of the parties hereby waives any right to a trial by jury. If any of the provisions of these Application Terms of Use are held to be in violation of applicable law, void, or unenforceable in any court of competent and appropriate jurisdiction, then such provisions are herewith waived to the extent necessary for these Application Terms of Use to be otherwise enforceable in such jurisdiction. No waiver, modification or amendment of any provision hereof will be effective against TEAM unless it is in a signed writing by TEAM. You may not assign your rights or obligations hereunder (including as a change of control) without the prior written consent of TEAM. Subject to the foregoing, these Application Terms of Use will bind and inure to the benefit of the successors and permitted assigns of the parties.